Finding Justice for Elder Abuse Victims

Colorado is one of the youngest states in the country, but its population is aging rapidly. Between 2005 and 2023, the proportion of Coloradans aged 60 and older grew from 13% to 22%. By 2044, older adults are projected to make up one quarter of the state’s population. As the population ages, overall crime rates are expected to decline. However, older adults face unique risks of victimization due to health challenges, cognitive decline, limited incomes, and increased reliance on caregivers (GAO Report to the U.S. Senate Special Committee on Aging, 2011).

Elder Abuse encompasses a wide range of crimes committed against older adults, including physical abuse, emotional abuse, financial exploitation, neglect, and sexual abuse. Like domestic violence and child abuse, elder abuse is widely recognized as an underreported crime. Victims often fear retaliation, depend on the offender for basic needs, are unable to report, or feel shame about their circumstances.

The Colorado legislature has recognized this by increasing the penalties for crimes committed against “at-risk” adults, which includes anyone 70 years of age or older and adults with disabilities. In many cases, an “at-risk” finding increases an offense by one charge level, resulting in greater potential penalties. For example, Assault in the 3rd Degree is a Class 1 Misdemeanor, punishable by up to one year in jail. However, when the victim is an “at-risk” adult, the offense becomes a Class 6 Felony, punishable by up to eighteen months in prison.

In 2010, then-First Judicial District Attorney Scott Storey recognized the community’s shifting demographics and the need to focus more resources on elder abuse by creating the first Elder Abuse Unit in the state. This initiative coincided with a national movement to better understand elder abuse and improve the justice system’s response to it. That same year, the U.S. Congress passed the Elder Justice Act (2010), its first comprehensive attempt to address the issue.

Today, this specialized team handles just over 70 elder abuse cases annually (figure below).

Despite representing only a small portion of the Office’s 3,000 annual felonies, elder abuse cases are significantly more resource-intensive, taking approximately 25% longer to resolve than other felony cases. Successfully prosecuting these crimes requires specialized knowledge, individualized attention to high need victims, and an awareness and sensitivity of the interpersonal relationships that frequently complicate both the investigation and prosecution of the abuse.

Much of the complexity in elder abuse cases arises from the fact that over 50% of defendants are family members, and approximately 25% are friends or caretakers of the victim (figure below).

Data also tells us that victims of elder abuse are more likely to be female, and the abusers (defendants) are more likely to be male (figure below).

Financial exploitation is the most common form of elder abuse prosecuted in the First Judicial District, accounting for nearly half (47%) of all elder abuse cases. Physical assault makes up another one-third (33%), meaning that four out of every five elder abuse cases involve either financial exploitation or violence against an older adult (figure below).

Reflecting the high proportion of thefts, defendants are often financially dependent on the victim. Victims frequently remain in abusive relationships due to limited options, restricted income, and declining health or cognitive abilities, which increase their reliance on the abuser for basic needs. Emotional bonds with the defendant further complicate their situation.

Prosecutors must weigh accountability against the need to protect the victim’s safety and long-term wellbeing, while ensuring there is sufficient evidence to prove the case. These unique challenges are reflected in case outcomes: compared to the Office’s overall felony caseload, elder abuse cases are slightly less likely to resolve through a guilty plea and nearly twice as likely to be dismissed (figure below).

Despite the challenges, serving and seeking justice for older members of our community remains one of the most rewarding aspects of this work. Since its founding, the Elder Abuse Unit has continually adapted to address the evolving and complex needs of Colorado’s aging population. Today, under the leadership of District Attorney Alexis King and Chief Deputy District Attorney Bryan Cook, the unit is staffed by a dedicated team with diverse backgrounds and deep experience: one prosecutor, Michael Rex; one part-time victim witness specialist, Melody Brill; and two investigators who manage elder abuse cases alongside their other responsibilities.

Although Michael is an experienced prosecutor, he is relatively new to the unit and has already found that the connections formed with elder abuse victims are often deeper and more personal than those in many assignments. He believes that protecting older adults is about more than prosecuting those who harm them; it is about listening to their stories, earning their trust, and helping them navigate the justice system with dignity and compassion.

Elder abuse victims face unique challenges throughout the criminal justice process, such as the trauma of testifying in court or providing statements to law enforcement. This makes support that extends beyond the courtroom essential. Melody Brill, the unit’s victim witness specialist, plays a crucial role in this regard. With nearly twenty years of experience assisting vulnerable populations, Melody specializes in removing barriers for victims by arranging transportation, accommodating physical limitations, and making court proceedings accessible. She collaborates closely with caregivers, family members, and community service providers to ensure each victim receives personalized support throughout their case, while minimizing the risk of re-traumatization.

This victim-centered approach is reflected in every member of the Elder Abuse Unit.

Education and prevention are also central to the unit’s mission. The team frequently speaks at senior resource fairs, trains caregivers and assisted living staff, and educates community partners about Colorado’s mandatory reporting requirements. Because the law is widely misunderstood—even among professionals—the unit offers educational presentations on recognizing and reporting elder abuse.

Older adults bring a lifetime of experiences, wisdom, and resilience, making every interaction unique. Listening to their stories builds trust and helps prosecutors better understand the context of each case. Working with older adults continually teaches patience, empathy, and compassion. One of the greatest rewards is knowing that, through our efforts, someone feels heard, valued, and respected during one of the most difficult chapters of their life. Helping restore dignity, security, and justice is both a privilege and one of the most meaningful aspects of serving in the Elder Abuse Unit.

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Learn More: The First Judicial District Attorney's Office provides educational presentations on recognizing elder abuse and Colorado's mandatory reporting requirements. To download our Colorado Mandatory Reporting guide, click here. To schedule a presentation, please use the contact us form on our website.

The Office also proudly partners with Jefferson County TRIAD to host a monthly program focused on safety, fraud prevention, and other issues affecting older adults. TRIAD is open to the public and meets on the fourth Tuesday of each month at 1:30 P.M. at the First Judicial District Attorney's Office in Golden.